Questions for the Tutorial
Li Laiyu and Wang Mingming were in a relationship since 2016. From January 2021, Li
proposed marriage to Wang several times, but Wang rejected him every time and wanted
to end the relationship because Li was not accepted by her family. Li therefore brought
ropes and plastic tapes in supermarket. On 8 July 2021, Li went to Wang’s at to visit her
for “one last time”. In her at, Li made another proposal to Wang but was again rejected.
He felt despaired and was enraged by Wang’s attitude. He pushed Wang on the bed and
tore her clothes. Wang screamed and hit Li with a vase. However, Li managed to
penetrate after tying up Wang with ropes and sealing her mouth with plastic tapes. As Li
was leaving the at, Wang picked up a knife and stabbed Li on the chest. Li was seriously
injured.
Both Li and Wang were subsequently apprehended by the public security authority and
formally prosecuted. Wang had no previous criminal record. Li was imprisoned for theft in
2019. He confessed his guilty and pleaded guilty.
Please answer the following questions:
Li: rape, sexual assault, unlawful detention
Wang: homicide, injury
a. Identify the constitutive elements and status of the crimes committed.
Li: rape
Subject — male, adult, no other issues
Object (if not sure then can refer to name of the chapter) — right of person, female bodily
autonomy
Objective elements — penetration
Subjective elements — intention to rape
Status — accomplishment
Li: unlawful detention
Subject — male, adult?
Object — right of personal liberty, freedom of movement
Objective elements — no reasonable way of escape, no lawful excuse
Subjective elements — intention to prevent escape
Status — accomplishment
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Wang: homicide
Subject — female, adult?
Object — right to life
Objective — killing of a person
Subjective — intention to kill
Status — attempt
Wang: injury
Subject — female, adult?
Object — right to life, right of the person
Objective elements — action causes hurt / injury / wound
Subjective — intention / negligence
Status — accomplishment
Homicide VS injury: di erent subjective element (intention to kill VS intention to injure:
di erent end result)
Will Wang be charged with both? Unlikely when there is overlap in o ences (same event 2
≥1 o ence) the heavier sentence should apply
b. Identify the statutory range and statutory circumstances relevant to the sentencing.
Li: rape
Range — 3-10 years xed-term imprisonment
Statutory circumstances — recidivist (Art 65) = heavier (higher end of statutory range)
sentence
Discretionary circumstance — marital dispute; plead guilty
Li: unlawful detention
Range — ≤ 3 years xed-term imprisonment / criminal detention / public surveillance /
deprivation of political rights
Statutory circumstances — recidivist (Art 65) = heavier sentence; resorts to battery =
heavier sentence
Wang: homicide
Range — 3-10 years xed-term imprisonment for relatively minor circumstances
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Statutory circumstances — attempt = lighter (lower end of given statutory range) /
mitigated (more than 1 range >> choose lower range)
Wang: injury
Range — ≤ 3 years xed-term imprisonment / criminal detention / public surveillance
(intentional)
Statutory circumstances — severe injury = 3-10 years xed-term imprisonment (Art 234);
justi able defence exceeding necessity = mitigation; defence against ongoing rape = X
Crim responsibility
c. How to assess Wang’s behavior?
Stabbing after rape = unlikely self defence against ongoing rape, exceeds needs of self
defence
Wang was raped & unlawfully detained = mental state insu cient to form intention?
d. What are the goals of the current criminal policy?
Current policy: tempering severity with leniency
Punish crime & protect the people (Art 1)
Eliminate problems by negotiating outcomes which all parties accept
Maintain State legitimacy, ensure social stability, insulate courts from criticism, protect
individual judges from potentially incorrect decisions
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